Judge: Daniel M. Crowley, Case: 20STCV23568, Date: 2023-01-26 Tentative Ruling

Case Number: 20STCV23568    Hearing Date: January 26, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera filed by Petitioner Jonathan Caleb Donner

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND

On June 23, 2020, Plaintiff Gilbert Herrera (“Plaintiff”) filed this action against Defendant Miracle Mile Properties, LP (“Defendant”) for negligence and premises liability.

On November 4, 2021, Defendant filed an answer.

On December 13, 2022, Petitioner Rachel Lee filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Quinn Hana Lee, to be heard on January 19, 2023.

On December 27, 2022, Petitioner Jonathan Caleb Donner (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera, to be heard on January 19, 2023.

PARTY’S REQUESTS

Petitioner Jonathan Caleb Donner asks the Court to approve the compromise of the pending action on behalf of Plaintiff Gilbert Herrera.

DISCUSSION

Petitioner’s application makes two separate requests as to what should be done with the net balance, both with different persons to be paid. Petitioner’s attachment is listed as 18b(11), which would indicate payment to claimant, but the actual attachment is merely a letter of conservatorship.

Additionally, the Court will not award attorney’s fees exceeding 25%.

The Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera filed by Petitioner Jonathan Caleb Donner is DENIED.

The Court orders the net balance be distributed as requested by Petitioners.

Petitioner is ordered to give notice of this ruling.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.